TERMS AND CONDITIONS

1. Definitions

Heliotrop - is the trade name of SC Heliotrop Fashion Design SRL, a Romanian legal entity registered in Bucharest, str. Dristorului, nr 114, sector 3, under the number 340/16021/2017, CUI 38234335 in the Commercial Registry.

Site - www.heliotrop-fashion.com

Content- all information that can be electronically accessed on the heliotrop website;

    - info related to the seller;

    - the content of any e-mail sent by the seller to the buyer;

    - any information sent to the buyer by whatever means, by the seller;

    - information related to the goods and prices used by the seller;

    - information related to the goods and prices used by a third party that has a partner contract with the seller.

Document - the present page TERMS AND CONDITIONS.

Seller - Heliotrop or any partner with a collaboration contract with Heliotrop.

Visitor - any person or legal entity with access to the content, with or wthout an open Heliotrop account.

Guest - any person or legal entity with access to the content that orders a product without having an open account on the Heliotrop site and which has agreed to the Heliotrop site’s terms and conditions of use and confidentiality policy.

Client - any person or legal entity with a valid account on the Heliotrop site that has agreed to the Heliotrop site’s terms and conditions of use and confidentiality policy.

Buyer - any person or legal entity, with or without a Heliotrop account that before finalising an order agrees to the Heliotrop site’s terms and conditions and confidentiality policy.

Account - that part of the site containing an e-mail address, a password that allows the buyer to place an order, and information about the client/buyer and the history of the buyer on the site.

Order - an electronic document by which the guest/client/buyer informs the seller about the intention to acqire goods from the Heliotrop site.

Goods - any product, including the documents attached by the seller to the delievery of an ordered product.

Service - any electronic comercial action taking place exclusivelly on the public Heliotrop website meant to facilitate ordering of products.

Transaction - a charge or reimbursement of an amount resulting from the sale of a product, using financial methods approved by us.

Specifications - all specifications of goods as described in their presentation.

Personal information - any information that identifies or could identify a person, directly or indirectly, by a number, name, address, age, e-mail address, telefon number, or IP address.

Consent - the guest, client, buyer’s agreement to the storage, use, and processing of personal information.

GDPR - general data protection regulation is the new european consumer protection law that came into force on 25 May 2018

The law describes the rights and establishes new rules and responsibilities requireing all interested parties to implement all necessary measures to guaranty an appropriate level of security for personal information processing.

Confidentiality policy - our approach for the protection of personal information and to satisfy the GDPR requirements and Romanian Law. The confidentiality policy page is an integral part of the present document.

Promotion - the action of offering goods for sale in quantities, prices, and over periods established by the seller.

Review - a relevant evaluation by a beneficiary of a product or service based on personal experience, stating if the site presented specs were respected or not.

Rating - a way to express the degree of satisfaction by a client/buyer for a product or service. The rating is in the form of stars; any product or service could get from one to five stars. The star rating will be associated to any guest/client/buyer review for the product or service.

News letter - electronic information about goods and promotions periods presented periodically without specific obligations for the seller.

2. ORDER

2.1. The visitor/guest/client/buyer can place an order on the site by adding the desired goods to the shopping  basket and finalize it by paying using one of the available methods. Once in the shopping basket, a product can be aquired if in stock or if Heliotrop allows preorders with specified delievery periods. Adding a product to the shopping basket without finalizing  the order does not register an order and does not result in a reservation for the product.

2.2. By finalizing an order, the buyer assumes responsibility for the provided necessary information.

2.3. By finalizing an order, the buyer consents to being contacted by the seller by e-mail, telefon, or website as necessary, related to the order.

2.4. The seller may cancel an order, following notification of the buyer, without further obligations and without any penalties in the following cases:

2.4.1. The card issuing bank refusal to  honor the transaction;

2.4.2. Transaction refused by the Heliotrop card payment processor;

2.4.3. The information provided by the guest/client/buyer is incomplete or incorrect.

2.5. The buyer has the right to give up an ordered product, that is to return it within 14 calendar days from acquisition, without having to give a reason and without incurring other costs besides shipping and returning.

According to OUG nr 34/2014, the allowed period to return a product expires 14 days after the product arrives in the hands of the buyer.

2.6. The order is considered honored the moment the product is shipped and a notice is sent the buyer at the e-mail address specified for the account or filed with the order.

2.7. The buyer can fill in the return form on line if they want to return the product.

2.8. The seller will reimburse the value of the product within 14 days of receiving a returned product if the return form is filed before the expiration period.

2.9. If an ordered product cannot be shipped, the seller will inform the buyer and will return to the buyer’s account the value of the product within 7 days.

3. AVAILABILITY OF GOODS will be displayed on the site as follows:

3.1. IN STOCK - The product is part of the new collection or last year’s and we have at least one in stock.

3.2. NOT ENOUGH PRODUCTS IN STOCK - The product is part of the new collection or last year’s but it is sold out.

3.3. PREORDER - The product is part of the new collection, we allow a preorder, and product will start shipping at the website specified date.

4. HELIOTROP WEBSITE SALES POLICY

4.1. Access to the order form is allowed for any visitor/guest/client/buyer.

For valid reasons, Heliotrop may restrict the access of a visitor/guest/client/buyer to the order form or to particular payment options. The visitor/guest/client/buyer may request information about imposed restrictions by sending an e-mail to customer service under CONTACT US on the website.

4.2. Heliotrop may launch on its website promotions of its products or partner products.

4.3. All prices presented on the website are in lei (RON) and include the T.V.A.

4.4 In the case of online payments, the seller is not responsible for additional costs including currency conversion fees and foreign transaction fees.

4.5. The buyer will be invited to provide feedback 15 days after a purchase. The invitation will be sent to the e-mail address on file. The buyer will be able to provide information about their experience with Heliotrop. Please associate your review with a rating. 

5. REGISTERED TRADEMARKS

5.1. Heliotrop is a trademark recorded at OSIM Bucharest Romania.

6. INTELECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

6.1. The contents as defined in chapter 1. DEFINITIONS is the property ofSC Heliotrop Fashion Design SRL and its partners and is protected by author copyrights and industrial and property laws. The use of any elements mentioned above without prior agreement from Heliotrop is punishable by law.

6.2. Copying, distribution, transfer, publication, modification, use, or inclusion of any other content in any context different than intended by Heliotrop is not allowed. 

6.3. Any content on the website,  regardless of how it is accesses is under the incidence of this document.

6.4. Any content can be used for personal use as long as the not in conflict with the present document.

6.5. The use of content for any other purpose than what is described in this document is forbidden.

7. SHIPPING AND DELIEVERY

7.1. Shipping generally follows two days after an order is finalized, if the product is in stock. For preorders, shipping follows as indicated on the website.

7.2. The seller will deliever the goods at the buyer’s address on file.

7.3. The seller will pack the goods approprietly and provide the necessary documentation.

7.4. Packages are shippped via Fan Courier for delieveries in Romania,with a tracking number sent to the buyer. The shipping costs are added to the product price.

For foreign delieveries, the packages are shipped via DHL with a tracking number sent to the buyer. The shipping costs are added to the product price. 

In any case you will have a tracking number for your package.

The total price includes the product, packaging, and shipping costs. The product and packaging costs are fixed while the shipping costs depend on the weight of the package.

We advise you to group products under the same order if shipped to the same address as otherwise each order will incur separate shipping costs. 

7.5. The buyer assumes the delievery risks. We take special measures to protect the products; the boxes are generous in size and the contents well protected.

8. RETURN

8.1. Our wish is to fulfill your high expectations, to have many visitors on our webpage, and to receive many happy buyers in our Heliotrop family. However, there may be situations when you may wish to return a product:

  - You do not need to provide a reason for the return (OG 34/2014);

  - If the product is not what you wanted you can return it within 14 days of delievery for a replacement or reimbursement of the product's cost.

 - If the product is not within the Heliotrop specifications;

 - If the package is severely damaged;

 - If the wrong products were shipped;

 - If wrong sizes were shipped;

8.2. STEPS FOR RETURNING:

8.2.1. Fill in the return form. This is necessary to process as soon as possible the return and ship a replacement or reimburse the appropriate ammount.

8.2.2. Pack the products in the original package to avoid any damage. 

8.2.3. Add to the package a copy of the bill of sale and the filled in return form.

8.2.4. Send the package with the returning products by rapid courier to: Heliotrop, Romania, Bucharest, sect 3, Bdul Basarabia nr 250, Grup Industrial Titan, et 1, locatie 37. Please mention on the shipping document the e-mail address used for ordering the products you are returning.

Return shipping costs are the responsibility of the seller. 

Reimbursement will follow within 14 days from receiving a return by bank transfer.

8.2.5. The returned products must be in their original state without staines or traces and with all labels attached. The return may be denied if the returned products are damaged in any way.

8.2.6. If a product is to be replaced:

- The shipping costs for the return are the responsibility of the seller.

- The shipping costs for re-shipping are the responsibility of the buyer.

- Any additional costs related to the return and re-shipping are the responsibility of the buyer and are not reimbursable.

Notes:

1. We advise you to refuse the delievery if the package is visibly damaged.

2. Heliotrop will be responsible for the cost of the return and re-shipping when the wrong products were delievered.

9. BILLING - PAYMENT

9.1. The prices displayed within the Heliotrop website include the TVA according to law.

9.2. Payment is specified in each order.

9.3. The seller will issue a bill of sale for the shipped products based on buyer provided information, according to law.

9.4. The bill of sale will be included in the package together with the products.

10. OWNERSHIP TRANSFER

10.1 The ownership of the goods is transfered to the buyer at the time of shipping of the package to the address specified in the order.

11. RESPONSIBILITIES

11.2. By creating an account, the client and the buyer assume full responsibility for mentaining the confidentiality of the account info (user ID and Password) and for the financial management of the account.

The buyer/client is responsible for all activity related to the account according to law.

11.2. By creating an account, sending an order, or finalizing an order the guest/client/buyer accepts all terms of the site’s Terms and Conditions of Use and the Confidentiality Policy as presented on the site at the time of the activity.

11.3. Heliotrop reserves the right to make modifications to the Terms and Conditions of Use without prior notification.

Please review these pages periodically. We will clearly note the date of the latest modification of Terms and Conditions and Confidentiality Policy documents.

11.4. Using a previously created account implies acceptance of all modifications to the Terms and Conditions and Confidentiality Police in power at the time of use.

11.5. The seller is not responsible for any loss suffered by the buyer or any third party as a consequence of the seller fulfiling its obligations, for any loss resulting from the use of the products, or from the loss of products. 

12. PERSONAL DATA PROCESSING

12.1. According to law 677/2001 modified and complemented by GDPR 679/2016 in power since 25/05/2018 for the protection of privacy, Heliotrop shell use use the Guest, Client, Buyer personal information only according to the purposes specified in this document and in the Confidentiality Policy.

12.2. The goals of collecting information are:

12.2.1.  - to inform clients and buyers about the state of their orders, acceptance of their orders, billing their orders, shipping of their orders, as well as solving any problems that may occur with their orders;

12.2.2.  - sending of news letters through the site or e-mail if the Guest, Client, or Buyer explicitly agreed to it;

12.2.3.  - market research, tracking of sales and Client and Buyer behavior;

12.3. All personal information collected in conformity with the Confidentiality Policy is used to present the characteristics of Heliotrop products, to supply Heliotrop products, for communication purposes, to prevent and detect fraude, to monitor and improve our offered products, our site, and our business, to create new interesting products for you, and to offer you a safe, high quality and quick experience.

12.4. Before creating an account, filing an order, of finalizing an order, the Guest/Client/Buyer will be asked to consent to the storage, use, and processing of their personal information.

12.5. By giving their consent and filling in the required info in the account oppening form and/or order the Guest/Client/Buyer accepts unconditionally that their personal information is added to the Heliotrop database and used as specified in the present document and in the Confidentislity Policy.

12.6. We assure you that your rights as guarantied by law as: the right to know, to access your information, to intervine and opose, and go to court in case your rights are not respected are guarantied by law 677/2001, modified by Rules 679/2016 that came into force on 25.05.2018 for the protection of personal information and its free flow.

12.7. Our site offers you the posibility to exercise your right to invalidate your consent, to intervine or to ask us to intervine and modify your personal information stored in our database:

12.7.1.  - correct, update, block or delete information that does not conform with law 677/2001 and Rules 679/2016 that came into power on 25.05.2018, especially incomplete or inexact information;

12.7.2.  - make anonymous any information that does not conform with law 677/2001 and  Rules 679/2016 that came into power on 25.05.2018;

12.7.3.  - delete the account and personal information.

12.10. Heliotrop may make the buyer’s personal information available to other partner organizations: shipping service providers, financial, insurance, marketing or other service providers or organizations with which we have common offers on the site. We share personal information only if our partners agree to the personal information confidentislity and only for use as described in this document and our Confidentiality Policy.

12.11. Personal buyer information can be provided to the Parchetul General, Police, courts, and other government organizations if lawfully requested.

13. PUBLICITY 

13.1. Heliotrop newsletters are sent directly through the site or from our specialized partners. This will insure confidentiality and safty of the information.

13.2. Newsletters are sent only after the the Guest/Client/Buyer is given the opportunity to and agrees to receiving them. The Guest/Client/Buyer will have the posibility to opt out of being sent the newsletter, however such an option does not imply opting out from accepting the conditions of the present document and Confidentiality Policy of our site.

14. MAJOR FORCE

14.1. Major force is an event that is unforciable, out of the control of the parties, and that cannot be avoided.

Neither of the parties will be responsible for not totally or partially fulfilling their obligations as agreed if such a situation is due to mahor force.

14.2. If a major force event continues 15 days after it starts, the parties have the right to notify the other, without any of them being able to have further claims, that all rights and obligations have been cancelled.

15. APPLICABLE LAW - JURISDICTION

15.1. Any disputes occuring between Heliotrop and Guest/Client/Buyer will be amiably resolved whenever possible. In the case an amianle resolution is not possible the case will be decided by appropriate Romanian Courts in Bucharest, Romania.

16. THE DATE OF THE LAST UPDATE

16.1. The latest update/modification of the Terms and Conditions document was on 22.09.2018.

The latest update/modification of the Confidentiality Policy was on 1.08.2018.